You need a lawyer – there is no way around it
German law requires that the spouse filing for divorce is represented by an admitted lawyer (§ 114 (1) FamFG). A divorce cannot be filed without one. This surprises many people who moved here from countries where a couple can file jointly and unrepresented.
The good news: in an amicable divorce one lawyer is enough. I file the petition, your spouse simply consents. That saves the cost of a second lawyer entirely. Your spouse may attend the hearing and agree, but cannot file motions or appeal – so this only works where you genuinely agree on everything.
The separation year
As a rule you must have lived separately for one year before the divorce can be granted (§ 1565 (2) BGB). Living separately is possible within the same flat: separate bedrooms, separate households, no shared provision for one another. In Munich, with the rents being what they are, this is the normal case rather than the exception – few people can afford a second flat overnight.
Which court, which law
If both of you live in Munich, the competent court is the Amtsgericht München – Familiengericht, Pacellistraße 5, 80333 München.
Where one spouse lives abroad or you hold different nationalities, jurisdiction follows the Brussels IIb Regulation (EU) 2019/1111, and towards non-EU states § 98 FamFG. German courts have jurisdiction, among other cases, where both spouses are habitually resident in Germany, where the last common residence was in Germany and one spouse still lives there, or where the respondent is habitually resident here (Art. 3 Brussels IIb).
Which substantive law applies is governed by the Rome III Regulation (EU) No 1259/2010. You may choose the applicable law (Art. 5 Rome III) – for instance the law of your common residence, of your last common residence, or of the nationality of either spouse. Without a choice, Art. 8 Rome III points first to the law of your common habitual residence. German divorce law is often advantageous because it applies the irretrievable-breakdown principle and asks no question of fault.
Documents – the part that takes expats the longest
If you married abroad, budget time for this: you will need your marriage certificate with a certified translation and, depending on the country, an apostille. Obtaining these can take weeks, and a missing document delays everything. Start early.
Beyond that: birth certificates of any minor children, proof of income for both spouses, and the pension insurance numbers of both spouses for the pension rights adjustment.
Pension rights adjustment (Versorgungsausgleich)
The court divides the pension entitlements both of you built up during the marriage. It does this on its own motion – you do not have to apply for it. It is also the part that takes the longest, usually three to six months, because the pension providers have to supply their statements.
If your spouse lives abroad
The petition must be formally served. Within the EU this follows Regulation (EU) 2020/1784; for other countries bilateral treaties or the Hague Service Convention apply. Both spouses must appear in person at the hearing (§ 128 FamFG), but a spouse living abroad can under certain circumstances be exempted where travel cannot reasonably be expected – the hearing may then take place at a German consulate or by video link.
Talking to me
I am Antje Kaschube, specialist lawyer for family law (Fachanwältin für Familienrecht) in Munich. We can speak at Franz-Joseph-Straße 11 in Schwabing or Amalienstraße 71 in Maxvorstadt, or by phone or video if that suits you better. I handle the court hearing at the Amtsgericht München in person.
Telephone 089 99950505. Tell me briefly what your situation is and I will tell you what it would involve and what it would cost – that first assessment is free and commits you to nothing.
This page summarises the rules that apply in the typical case. It is general information, not advice on your individual situation. Stand: September 2026.
Related information in German
Detailed German-language pages on the same questions: Internationale Scheidung (jurisdiction, Rome III, recognition of foreign divorce decrees), Scheidungsablauf (step by step, with timings) and Scheidung einreichen (filing the petition and the documents required).
Call me directly: +49 89 99950505. I am Antje Kaschube, specialist lawyer for family law (Fachanwältin für Familienrecht), and you will speak to me from the first call – not to a call centre. You will find me at Franz-Joseph-Straße 11 in Schwabing and at Amalienstraße 71 in Maxvorstadt. If you prefer to write: send me a message.